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High Court rejects plea seeking population control

The Delhi High Court Tuesday refused to entertain a which sought implementation of certain steps, including two-child norm, to control the country’s rising population on the ground that it was the root cause of rise in crimes, pollution and dearth of resources and jobs.
A bench of Chief Justice DN Patel and Justice C Hari Shankar said it is for Parliament and state legislatures to enact the law and not for this court.

It said the primary work of the court is to interpret the law, not to direct or suggest enactment of law.

It said both Parliament and state legislatures have developed enough mechanisms to enact a law and they have set up commissions for giving recommendations on this subject.

“It is left open for them to enact the law as per the priority of the Parliament and the state legislature,” the bench said.

The court disposed of the petition by BJP leader Ashwini Kumar Upadhyay, who is also a lawyer, saying “we find no reason to entertain” it.

Regarding the prayer for implementation of the recommendations for population control made by the National Commission to Review the Working of the Constitution (NCRWC), headed by Justice Venkatchaliah, the bench said that it was within the domain of the government.

“Law is nothing but desire of people and the desire of people is concentrate at the Parliament and the state legislature,” it said.

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